Aviation attorney discusses likely lawsuit against government, American Airlines filed by victims' families

An aviation lawyer predicts families of the midair collision victims volition beryllium filing lawsuits against some the U.S. authorities and American Airlines successful the coming days. 

No survivors are expected aft an Army Black Hawk chopper connected a grooming ngo collided with an American Airlines determination pitchy carrying 64 radical arsenic the pitchy was preparing to onshore astatine Reagan National Airport Wednesday evening. Three soldiers were aboard the Black Hawk. 

"Typically, close aft — obviously, the families are dealing with a batch of daze and grief close present — a batch of times it’s truly hard for radical to wrapper their minds astir craft accidents due to the fact that they’re conscionable not expected to happen," James Brauchle told Fox News Digital Thursday, adding that aerial question is "extremely safe."

"We haven’t had a commercialized mishap successful the U.S. involving a U.S. bearer since 2009."

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Crews retrieve wreckage of American Airlines Flight 5342 successful the Potomac River successful Washington, D.C., Jan. 30, 2025. The level was progressive successful a fatal collision with a U.S. Army Black Hawk chopper past night. (Leigh Green for Fox News Digital)

Buffalo-bound Colgan Air Flight 3407 killed each 49 radical connected committee Feb. 12, 2009, aft the level stalled and crashed into a home, sidesplitting a idiosyncratic inside. 

Brauchle said the families’ main question arsenic they conflict with their grief is "why did this happen? How did this happen? How could it person happened? And they truly are seeking answers." 

He added that erstwhile they get done their "initial shock, that’s usually the adjacent measurement is seeking the answers and wanting to cognize wherefore this happened."

A vessel successful the h2o aft Wednesday night's crash.  (Al Drago/Getty Images)

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He said helium doesn’t deliberation there’s ever been a commercialized craft clang successful the U.S. that didn’t effect successful litigation. 

"So, I'm going to presume that that's going to happen," Brauchle said. "And that's usually done, obviously, done the filing of a lawsuit."

Based connected his nonrecreational experience, helium said, the hose and the authorities are some apt to beryllium sued. 

An American Airlines craft sits connected the tarmac astatine Ronald Reagan Washington National Airport Jan. 30, 2025.  (Kayla Bartkowski/Getty Images)

He said the government’s accountability could beryllium twofold.

"One for evidently operating the chopper due to the fact that it was being flown by the Army, but besides aerial postulation power that’s regulating and monitoring that airspace is FAA, which is again a authorities agency," Brauchle said. 

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Brauchle cautioned that it’s aboriginal successful the investigation.